On June 25, 2015, the International Trade Commission (the "Commission") issued a notice determining to review-in-part a remand initial determination ("RID") in Certain 3G Mobile Handsets and Components Thereof (Inv. No. 337-TA-613).
By way of brief background, the Commission instituted this investigation on September 11, 2007 based on a complaint filed by InterDigital Communications Corp. and InterDigital Technology Corporation (collectively "InterDigital"). The complaint, as amended, alleged violations of Section 337 in the importation and sale of certain 3G mobile handsets and components thereof that infringed certain claims of U.S. Patent Nos. 7,117,004; 7,190,966 (the '966 patent); 7,286,847 (the '847 patent); and 6,693,579. The notice of investigation named Nokia Corp. and Nokia, Inc. (collectively, "Nokia") as Respondents.
On April 27, 2015, the ALJ issued the RID. The ALJ found that the accused Nokia handsets meet the limitations "generated using a same code" and "the message being transmitted only subsequent to the subscriber unit receiving the indication" recited in the asserted claims of the '966 and '847 patents. The ALJ also found that the pilot signal (P-CPICH) in the 3GPP standard practiced by the accused Nokia handsets satisfies the limitation "synchronize to the pilot signal" recited in the asserted claim of the '847 patent. The ALI further found that the currently imported Nokia handsets, which contain chips that were not previously adjudicated, infringe the asserted claims of the '966 and '847 patents. The AL] also found that there is no evidence of patent hold-up by InterDigital, but that there is evidence of reverse hold-up by the respondents. The ALJ further found that the public interest does not preclude issuance of an exclusion order. The ALJ did not issue a Recommended Determination on remedy or bonding.
Having examined the record of this investigation, including the RID, the petitions for review, and the responses thereto, the Commission determined to review the RID in part.
Specifically, the Commission determined to review the RID's findings concerning the application of the Commission's prior construction in Inv. No. 337-TA-800 ("the 800 investigation") and Inv. No. 337-TA-868 ("the 868 investigation") of the claim limitation "successively [transmits/transmitted] signals." The Commission also determined to review the RID with respect to whether the accused products satisfy the claim limitation "successively [transmits/transmitted] signals" as construed by the Commission in the 800 and 868 investigations. The Commission further determined to review the RID's public interest findings. The Commission determined not to review the remaining issues decided in the RID. The notice also requested the parties to brief twelve enumerated issues relating to a variety of topics, including claim construction, invalidity, and public interest.
Written submissions are due by July 10, 2015, with reply submissions due by July 20, 2015.